The Future of Climate Superfund Laws

September 2025
Citation:
55
Issue
5
Author
Sarah McGovern

The Vermont and New York Climate Superfund laws establish a statutory framework for climate liability by requiring companies to pay for the cost of various climate change-related disasters across those states. In early 2025, industry and certain states filed two separate lawsuits against Vermont and New York, challenging their respective Climate Superfund laws. This Comment analyzes four claims raised in the complaints, which present robust constitutional questions, and concludes that the new laws may be struck down due to issues of federal preclusion and preemption. Although the court may well find that no Due Process Clause or Commerce Clause issues are implicated, it need only find one constitutional problem to invalidate the state laws at issue. While these Climate Superfund laws will likely not survive review in the Second Circuit, similar state laws may survive review elsewhere.

Sarah McGovern is a 2025 graduate of William & Mary Law School and an incoming law clerk for the Hon. Andrew L. Teel in U.S. District Court for the Northern District of Indiana.